This article takes up a split in the courts on a matter arising under the Uniform Commercial Code (the "Code") regarding advantageous resales of goods by sellers where the seller attempts to keep the resale profit under section 2-706 and collect a market-based remedy under section 2-708(1)....

This Article is a survey of the highlights of noteworthy sales cases from 2014 decided under Article 2 of the Uniform Commercial Code. Particular Article 2 highlights include the cases of Grandoe Corp. v. Gander Mountain Co. (formation under 2-204), Nebraska Machinery Co v. Cargotec Solutions,...

Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

The last 30 years in the history of international investment law witnessed the emergence of investor-state dispute settlement (ISDS) as the definitive method for the resolution of investment disputes, and the expanding role of the investor in the same. Investment dispute settlement has become...

In 2015, the interpretive tranquility that had come to typify the jurisprudence surrounding one of the most well-rooted hearsay exceptions — the business records one (“BRE”) — was ruptured. In that year, in Sierra Managed Asset Plan, LLC v. Hale (“Hale”) and Unifund CCR LLC v. Dear...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

Unfair terms law as an area of consumer contract law becomes more and more important and, within the European context, new forms of enforcement are discussed in order to augment the level of effectiveness of consumer protection. Personalization of the law could have a significant impact on the...

The principle of discrimination by exclusion of unsecured creditors is pervasive in many jurisdictions and Nigeria is not an exception. The principle is distortive, discriminatory and prejudicial to the interests of unsecured creditors. In fact the principle creates an animal farm situation,...

This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...

This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...